REENA RANKA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed under Art. 226 of the Constitution of India for issue of a writ of habeas corpus directing the respondent to produce before this Court the petitioner's husband, Basant Kumar Ranka, hereinafter referred to as "the detenu" and to set him at liberty after quashing the order dated 26-10-1990 passed by the Joint Secretary to the Government of India, in exercise of the powers conferred upon him under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as "the Act" directing his detention in the Central Prison, Madras. The order of detention reads that it was made with a view to preventing the detenu from engaging in keeping smuggled goods and dealing in smuggled goods otherwise than by engaging in transporting or concealing smuggled goods.

(2.) The relevant facts giving rise to the order of preventive detention lie in a narrow compass and may be briefly stated. On 23-10-1990 at about 11 p.m. the officials of the Directorate of Revenue Intelligence, Madras raided the house of the detenu situate at Egmore, Madras and recovered 25 silver bars from the open space but inside the compound of the house. Another 10 bars of silver were also recovered from an auto-rickshaw which was just then leaving the house of the detenu. A Maruti van was found parked inside the compound of the house of the detenu and from the van 11 bars of silver were recovered. All the silver bars which have no foreign markings and each weighing 30 Kgs, were seized. Including the detenu three persons were arrested in that connection and confessional statements were recorded from them on 24-10-1990. From the confessional statement recorded from the detenu it is revealed that one Babulal known to him gave him the silver bars for the purpose of sale, that the detenu is a silver-smith by avocation and that one Ashok Narayan Kumar alias A. Kumar, a friend of Babulal likewise action on behalf of Babulal was staying in Asoka Hotel, Madras. Pursuant to the said confessional statement the officials of the Directorate of Revenue Intelligence raided the Asoka Hotel on 24-10-1990 and traced A. Kumar in one of the rooms of the hotel and recovered certain belongings of Babulal in the room. A confessional statement was recorded from A. Kumar to the effect that he was acting on behalf of one Deepak Modi of Bombay and that he helped Babulal in clearing certain containers on 26-10-1990 from the godown situate at Madras, said to have been taken on lease in the name of Babulal. The godown was searched by the officials of the Directorate of Revenue Intelligence, Madras and a mahazar was drawn up. The mahazar reads that it was drawn up and completed on 26-10-1990. The petitioner who is the second wife of the detenu submitted from Hyderabad a representation to the detaining authority on 20-11-1990 seeking transfer of the detenu from the Central Prison, Madras to the Central Prison, Hyderabad pleading inter alia that after her husband's incarceration at Madras she was not taken kindly by her husband's brothers, she being the second wife, that they made her stay at Madras miserable and that she was therefore, forced to leave Madras and seek shelter in her sister's house situate at Hyderabad. Her representation was rejected by the Ministry of Finance by its memorandum dated 6-12-1990 and communicated to her at Hyderabad. The grounds of detention were served upon the detenu on 30-10-1990 and a reference was made in the grounds of detention to the mahazar drawn up on 26-10-1990 in connection with the search of the godown situate at Madras and taken on lease in the name of Babulal.

(3.) Sri B. Kumar, learned counsel appearing for the detenu assails the impugned order of detention on more than one ground.